6 Legal Principles of the IDEA

7/30/2019 6 Legal Principles of the IDEA

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The Individuals withDisabilities Education

Act

Yell / The Law and Special Education, Second Edition

Copyright 2006 by Pearson Education, Inc. All rights reserved


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Six Principles of IDEA

Zero Reject

Free Appropriate PublicEducation

Protection in Evaluation

Least Restrictive Environment Procedural Safeguards

Parental ParticipationYell / The Law and Special Education, Second Edition



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Six Principles of IDEAPrinciple of IDEA Requirement

Zero Reject Locate, identify, & provide services to all eligiblestudents with disabilities

Protection in Evaluation Conduct an assessment to determine if a student

has an IDEA related disability and if he/sheneeds special education services

Free Appropriate Public Education Develop and deliver an individualized educationprogram of special education services that

confers meaningful educational benefit.

Least Restrictive Environment Educate students with disabilities with nondisabled

students to the maximum extent appropriate.

Procedural Safeguards Comply with the procedural requirements of theIDEA.

Parental Participation Collaborate with parents in the development anddelivery of their childs special education

program.




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Principle 1: Zero Reject Locate, identify, & serve all students with

disabilities aged 3 21

Child find obligations

Two criteria for eligibility

1. A student must be determined to have adisability that is covered by the IDEA

2. Because of the disability, the student needsspecial education and related services




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Categories of Disability

Autism (added in 1990) Deaf-Blind

Deafness

Hearing Impairment

Mental Retardation

Multiple Disabilities

Orthopedic Impairments

Other Health Impaired

Emotional Disturbance Specific Learning Disability

Speech and Language Impaired

Traumatic Brain Injury (added in 1990)

Visual Impairment including BlindnessYell / The Law and Special Education, Second EditionCopyright 2006 by Pearson Education, Inc. All rights reserved


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Principle 2: Protection in Evaluation

LEAs shall conduct a full and

individual evaluation before the initial

provision of special education andrelated services to a child with a

disability

20 U.S.C. 1414(a)(1)




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Evaluation Materials

Test and evaluation materials

Must not be discriminatory

Must be given in the childs nativelanguage or mode of communication

Technically sound instruments must be

used to assessCognitive and behavioral factors

Physical and developmental factors




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Evaluation Procedures

A student must be assessed in all areas

related to the suspected disability

The school is required to use a variety ofassessment tools and strategies to collect

functional and developmental information

that may assist in determining:

Whether a student has a disability

The educational needs of a student




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Interpreting Evaluation Data

Draw on information from a variety ofsources

Decisions must be documented andcarefully considered

Decisions must be made by a team

(usually IEP team) Placement decisions must be

accordance with LRE requirements




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Independent Educational

Evaluations (IEE) Provide parents with information on where to

obtain an IEE

Right to one IEE at public expense

If LEA evaluation is appropriate, the parents are

entitled to an IEE, but not at public expense

Results of the IEE must be considered

IEE results may be presented at a hearing

A hearing officer may request an IEE




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Special Rules for Determining

Eligibility in IDEA 2004 A child will not be determined to be a

child with a disability if the basis of the

childs problem is lack ofscientificallybased instruction in reading, lack ofappropriate teaching in math, or LEP

Scientifically based reading instructionaddresses the essential components ofreading as listed by the National ReadingPanel




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Special Rule for Determining

Eligibility for Learning

Disabilities (IDEA 2004)

When determining whether a child has a

learning disability, an LEA shallnot berequired to take into consideration a

discrepancy between ability and

achievementAn LEA may use a process that

determines if the child responds to

scientific, research-based instructionYell / The Law and Special Education, Second EditionCopyright 2006 by Pearson Education, Inc. All rights reserved


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The Referral and

Assessment Process




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Referral Process

Multidisciplinary team (MDT) receives a student referral

MDT seeks parental permission to assess

MDT decides if sped assessment is needed

MDT receives informed consent

MDT conducts assessmentYell / The Law and Special Education, Second Edition



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Assessment Process

MDT team conducts evaluation

Does the child need special education

Does the child have an IDEA disability

Appoints IEP team




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Principle 3: Free Appropriate

Public Education (FAPE)

Special education and related

servicesProvided at public expense

Meet state educational agency standards

Provided in conformity with theIndividualized Education Program (IEP)




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Special Education

Specially designed instruction to meet

the unique needs of a student with a

disability Instruction in the classroom, home, hospital,

or other settings

Includes academic skills, physical and motorskills, language skills, vocational skills, and

functional skills




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Free Education

Educational services must be

provided at no charge to parents

Applies only to special education

and related services

Doesn

t include incidental feessuch as field trip expenses




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Appropriate Education

What is appropriate must be

decided on a case by case basis Must meet state standards

Provided in conformity with IEP




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Public Education

Meets state standards

Includes children placed in private

facilities by the school district If children are placed in private

facilities the school must make a

FAPE available If FAPE is available and appropriate,

schools do not have to pay




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Related Services

Services that may be required to

assist a child with a disability tobenefit from special education




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Nonexhaustive List of Specific

Related Services

Assistive Technology

Counseling and Psychological

Services

Residential Placement

Social Work Services

Parent Counseling and Training

Speech TherapyYell / The Law and Special Education, Second Edition



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Nonexhaustive List of specific

Related ServicesTransportation

Physical and Occupational Therapy

Interpreters

School Health Services (including

complex health services if needed)

X Surgically implanted medical devices

(e.g., Cochlear Implants)

X Medical ServicesYell / The Law and Special Education, Second Edition



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Assistive Technology (AT)

If AT is required, a person qualified toconduct AT assessments should be on

the IEP team

Requirement may include home use ofthe AT device

Examples of AT devicesComputer access

Environmental controlAugmentative communication

Mobility equipment



Th I di id li d


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The Individualized

Education Program A statement of a students special education

and related services

The IEP must be in effect by the beginning of

the school year LEAs are responsible for developing,

implementing, and revising The IEP is developed in an IEP meeting in which :

The assessment results are discussedA students educational program is

developed

A students placement is determinedYell / The Law and Special Education, Second Edition



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Participants in the IEP Process

Parents

A representative of agency

General education teacher

Special education teacher

Person knowledgeable aboutevaluation

Others at request of IEP participantsYell / The Law and Special Education, Second Edition


Th IEP P


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The IEP ProcessReview the Assessment

-Develop the PLAAFP statement-

Develop the Educational Program-Develop Measurable Annual Goals-

-Develop Special Education Services-

-Determine Progress Monitoring System-

-Determine Student Placement-

Monitor Student Progress-Communicate the students progress to his/her parents-

-Make changes if needed-Yell / The Law and Special Education, Second Edition



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Content of the IEP1. Present levels of academic achievement & functional

performance2. Measurable annual goals, including academic &

functional goals

3. A description of how the students progress toward

meeting the goals will be measured and whenreports will be issued to parents (concurrent withreport cards).

4. A statement of special education and relatedservices based on peer-reviewed research to be

provided to the student. This includes: Supplementary aids & services

Program modifications

Supports for school personnelYell / The Law and Special Education, Second Edition



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Content of the IEP (continued)

5. An explanation of the extent, if any, to which the

student will not participate with nondisabled students

in the general education classroom

6. A statement of any individual accommodations thatare needed to measure the students achievement

on statewide assessments or if the student is taking

an alternate assessment the IEP must explain why

this option was chosen

7. The projected date for the beginning, frequency,

location, and duration of services




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For some students, the IEP

should include

Beginning not later than the first IEP in effect

when the students is 16 and updated annually

Appropriate measurable postsecondary goals

Transition services

Students rights when he/she reaches the age of

majority

If the student

s behavior impedes his/herlearning or the learning of others, positive

behavioral interventions & supports

Assistive technology servicesYell / The Law and Special Education, Second Edition



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Principle 4: Least Restrictive

Environment (LRE) To the maximum extent appropriate

children with disabilities are to beeducated with children who are notdisabled

Removal may only occur when education

in regular classes with the use ofsupplementary aids and services cannot

be achieved satisfactorily




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Continuum of Alternate

Placements

Regular Classroom

Self-Contained Classroom

Special Schools

Hospital/InstitutionYell / The Law and Special Education, Second EditionCopyright 2006 by Pearson Education, Inc. All rights reserved


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LRE Themes

Appropriateness LRE is not intended to replace appropriateness

IndividualizationOne size does not fit all Options

Entire continuum of placements must be available

Integration/Inclusion BiasWe must start with the notion of integration




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Inappropriate Considerations

Placement according to category

or severity

Placement where services are

traditionally provided

Citing disruption w/o evidence ofbehavior management attempts

Cost, unless excessiveYell / The Law and Special Education, Second Edition



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Determining LRE

Determine FAPEGoals and ObjectivesWhat is appropriate?

Determine PlacementCan FAPE be achieved in general ed. with

supplementary aids and services?

If no, move through the continuum to determine LRE

Provide Integrated ExperiencesYell / The Law and Special Education, Second Edition


P i i l 5 P d l


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Principle 5: Procedural

Safeguards Notice and consent requirements

Surrogate parents

Opportunity to examine records Independent educational evaluation

Discipline

Mediation Resolution session

Impartial due process hearingYell / The Law and Special Education, Second Edition



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Procedural Safeguards Notice A procedural safeguard notice may be given only

once a year except at:

Initial referral

Parental request for evaluation

Initial filing of a due process hearing At the request of the parent

School districts may post procedural safeguard notice

on their Web sites

The procedural safeguards notice must include: (a)timeframes for filing due process hearing requests (b) the

opportunity for resolution process (c) information on mediation,

and (d) timeframes for lawsuitsYell / The Law and Special Education, Second EditionCopyright 2006 by Pearson Education, Inc. All rights reserved


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Mediation

States must offer mediation as a voluntaryoption to parents and educators for

resolving disputes

The mediator must be:

Trained or qualified to conduct mediationsessions

Knowledgeable about special education law

Impartial If mediation is unsuccessful, either party

may request a due process hearing

Yell / The Law and Special Education, Second EditionCopyright 2006 by Pearson Education, Inc. All rights reserved


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Written Settlement Agreement

If resolution is reached to resolve the complaint at aresolution session, the parties execute a legally

binding agreement (written settlement agreement) that

is:

Signed by both the parents and a representative ofthe agency

Enforceable in any state court of competent

jurisdiction If parties execute a written settlement agreement, a

party may void the agreement within three business

days of the agreementYell / The Law and Special Education, Second EditionCopyright 2006 by Pearson Education, Inc. All rights reserved


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Due Process Hearing

Parent or school may initiate a hearing

Hearings may involve issues regarding

identification, evaluation, or placement

The hearing must be conducted by the LEA

The hearing officer must be impartial

Following exhaustion of administrative

remedies either party may appeal the

decision to state or federal court



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Attorneys Fees

Public agencies may recover their attorneys

feesfrom parents attorneys if their case was:

Frivolous

Unreasonable

Without foundation

Public agencies may recover attorneys fees

against the parents attorney or the parents if the

case was presented for any improper purpose such

as to:

Harass

Cause unnecessary delay

To needlessly increase the cost of litigationYell / The Law and Special Education, Second EditionCopyright 2006 by Pearson Education, Inc. All rights reserved


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Principle 6: Parental

Participation Parental Notification and Consent

Purpose: To provide parents with sufficientinformation, in a timely manner, so that they

may fully participate in educational decisions

Written notice and consent


P t l N tifi ti


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Parental Notification

Requirements

Parents must be notified a reasonable

amount of time before the school:

Initiates or changes identification,evaluation, or educational placement or the

provision of a free appropriate public

education

Refuses same



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Parental Consent Requirements

Consent must be obtained before:

Beginning or changing students identification

as IDEA-eligibleConducting a preplacement evaluation

Initial placement or change of placement

Conducting a reevaluation Consent is voluntary and may be revoked

at any time



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Parent Participation in Meetings

Schools districts must provide notice,

thereby ensuring that parents have the

opportunity to participate in meetingsthat address:

Evaluation

Educational program and placement (The

IEP Team)



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The Special Education Process

1. Determine Eligibility*

2. Determine Programming

1. Develop the IEP*

2. Deliver services

1. Monitor progress*

2. Reevaluation

Assessment

Programming Evaluation

6 Legal Principles of the IDEA

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